KCB Bank Tanzania Ltd versus Sunlon General Building Constructors Ltd and 2 Others; Commercial Case No 73 of 2013:High Court of Tanzania (Commercial Division) at Dar es Salaam. (Unreported).
- Civil Procedure
- Commercial Court Rules – Counsel file closing submissions exceeding 10 pages – effect.
- Evidence
- Documentary evidence – failure to tender documentary evidence within reach – effect.
Held:-
(i) Any party required to file any document including written submissions in the Commercial Court must ensure that such document conform to Rule 19. The said Rule, among other requirements makes it mandatory that such document should not exceed 10 pages and any contravention of the rule leads to rejection of such document. Non – Compliance and further that non-inspection and rejection of such document at the registry cannot insulate the document itself from the dire consequences provided by the rules.
(ii) It is now a trite principle in the law of evidence that an adverse inference will be drawn against a party who fails to tender a material document or procure a material witness within his reach.